Opinion
No. 28,122.
Filed November 15, 1945.
1. CONTEMPT — Pleading — Verified Answer to Citation Sufficient in Law to Purge Alleged Indirect Criminal Contempt — Defendant Discharged. — In a prosecution for indirect criminal contempt, defendant's verified answer to a rule to show cause why he should not be punished, purporting to deny or explain all the facts set forth in the citation and to show that no contempt was intended or was in fact committed, was sufficient in law to purge the alleged contempt and to require his discharge. p. 603.
2. CONTEMPT — Pleading — Verified Answer in Prosecution for Indirect Criminal Contempt Materially False — Prosecution for Perjury. — If defendant's verified answer in a prosecution for indirect criminal contempt is materially false, he may be prosecuted for perjury. p. 603.
From the Lake Superior Court, No. 5; Rae M. Royce, Special Judge.
Alex Harris was convicted of indirect criminal contempt, and he appealed.
Reversed.
Guy W. Slaughter, Byron E. Bamber, and Thomas B. Cerajewski, all of Hammond, for appellant.
James A. Emmert, Attorney General, and Frank E. Coughlin, First Assistant Attorney General, for the State.
Upon a rule to show cause why he should not be punished for an indirect criminal contempt appellant filed his verified answer, purporting to deny 1, 2. or explain all the facts set forth in the citation and to show that no contempt was intended or was in fact committed. He thereupon moved for his discharge. The motion was overruled. Judgment was entered fixing his punishment by fine and imprisonment. This ruling is assigned as error. Appellee's brief expresses the view that the verified answer was sufficient in law to purge the alleged contempt and we agree. Appellant should have been discharged. If the answer was materially false he may be prosecuted for perjury. State ex rel. Allison v. Marion Municipal Court (1944), 222 Ind. 602, 56 N.E.2d 493; Hiner v. State (1932), 204 Ind. 7, 182 N.E. 245.
The judgment is reversed with instructions to discharge appellant.
Note. — Reported in 63 N.E.2d 541.